Majority
p. 847James Panico, as a Professional Fire Fighter and Member of the Fairview Fire District, Appellant, v Donald R. Young et al., Constituting the Fire Commissioners of the Fairview Fire District, Respondents. Submitted December 4,1978; decided January 9,1979
Motion for leave to appeal denied. The Court of Appeals restates the rule that denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value (see, e.g., Matter of Marchant v Mead-Morrison Mfg. Co., 252 NY 284 , 297-298 [Cardozo, Ch. J.]; Matter of Brooklyn Hosp. v Lennon, 45 NY2d 820 ).
Cases cited
- Marchant v. Mead-Morrison Manufacturing Co. 252 NY 284 at 297-298 p. 847